← Library
Calcutta High CourtCRM (DB)/1826/2023rejected

Purabi Biswas Dey v. State Of West Bengal

2023-05-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta3 pages

08.05.2023 sdas rejected C.R.M. (DB) No. 1826 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Suti Police Station Case No.

of dated 19.01.2023 under Sections 419/465/466/467/468/471/120B/409 of the Indian Penal Code.

And In Re : Purabi Biswas Dey ..... petitioner Mr. Bikash Ranjan Bhattacharya, Sr. Adv.

Mr. Uday Sankar Chattopadhyay Ms. Sayantani Sengupta Mr. Jamir Khan Ms. Trisha Rakshit Mr. Siladitya Rakshit Mr. Ashadeep Karmakar ... for the petitioner Mr. Neguive Ahamed, learned APP Ms. Amita Gaur ... for the State Learned senior Counsel for the petitioner submits she is the former District Inspector of Schools, Murshidabad. It is submitted she had no role to play in the appointment of one Animesh Tewari in the school viz. Gotha A.R. High School. She prays for bail.

Learned Counsel for the State opposes the prayer for bail and submits she is one of the principal conspirators who abused her official position to procure illegal appointment in favour of the son of the co-accused i.e. headmaster of the said school. She had filled the requisite form for the purpose of approving the

appointment by utilising memorandum of a successful candidate viz. Pradip Paul.

We have considered the materials on record. Learned Single Judge while considering the allegation of illegal appointment in WPA 24451 of 2022 directed to file a report. Pursuant to the said report FIR came to be registered. Materials collected in the course of investigation show one Animesh Tewari, son of the headmaster of Gotha A.R. High School, had been illegally appointed to the said school. The requisite document for the purpose of approval of the appointment was executed by the petitioner (as the then District Inspector of Schools). She had utilised the memorandum and other particulars of another successful candidate viz. Pradip Paul to prepare the illegal proposal. The aforesaid materials prima facie show petitioner abused her official position to secure fraudulent appointment in a public post. The allegations are serious and as investigation is still in progress we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)